Can Colorado Employers Test for Weed?

Is it possible you could lose your job for doing recreational pot in Colorado?

Weed In The Workplace Is A Slippery Slope in Colorado

The state has come a long way since Colorado voters decided in 2012 to allow recreational marijuana. However, it's still a slippery slope when it comes to weed in the workplace.

Obviously, you can't smoke pot in the workplace because using marijuana -eating, smoking, vaping - is prohibited in public places. That means sidewalks, parks, restaurants, businesses, concert venues, ski resorts, common areas of apartment buildings, and your workplace office.

Can You Have Pot In Your System During Working Hours?

This is where things get a little slippery because it largely depends on the particular business. Colorado does allow employers to test for drugs, whether it's scheduled or random. While most employers have some sort of drug policy in place, not all employers do any sort of drug testing at all.

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Can You Get Fired For A  Positive Weed Test In Colorado?

Yes, you can get fired for testing positive for marijuana while you're on the job. A bill failed in the 2022 Colorado legislative session that would have prohibited employers from firing employees for a positive test. So, while it still could happen legally, it's possible you won't get fired right away. A recent report indicated only 48% of companies in Colorado with "well-defined" drug testing policies will fire workers for a first-time offense.

It's Your Job To Know The Rules

If you aren't sure about your employer's policies on marijuana use and drug testing, it's up to you to find out. Do they test? When do they test? What do they test for? You can claim ignorance of the rules, but if you test positive,  your employer is likely to say "tough banana. You're fired."